The importance of confidentiality (and why G 1/23 did not establish a US style on-sale bar to patentability in Europe)

G 1/23 was potentially one of the most important developments in European patent law this year. Much of the commentary relating to the potential impact of G 1/23 has made reference to a shift towards a US-style on-sale bar, with some even going so far as to proclaim that G 1/23 established something akin to a European “on-sale bar”. However, in PatKat's view, comparing G 1/23 with the US on-sale